In June of this year, the EEOC published guidance named “Promising Practices for Preventing Harassment in the Construction Industry.” Click HERE for a link to the guidance.
Therein, the EEOC states:
“The nature of the construction industry includes a number of risk factors that may increase the likelihood of harassment, including workforces that are primarily male, workplaces where there is pressure to conform to traditional stereotypes, and decentralized workplaces. These factors may be exacerbated by the presence of multiple employers on a worksite, and the cyclical, project-based nature of construction.”
In other words, the EEOC has set it sights on the construction industry.
True to its word, the EEOC recently settled two cases, both in Florida, for a combined total of almost $3 million 💰‼️
In EEOC v. J.A. Croson LLC, 17 Black and Hispanic workers alleged racial discrimination and harassment, including slurs and offensive imagery. Two employees also claimed retaliation for filing complaints. The settlement included $1.6 million in monetary relief and a mandate for three years of injunctive measures, such as revising the company’s Equal Employment Opportunity (EEO) policies, establishing a harassment hotline, and conducting mandatory employee training. Additionally, the company must conduct audits to ensure race and national origin are not factors in job assignments and submit regular reports to the EEOC.
Similarly, in EEOC v. Asphalt Paving Systems Inc., 12 Black employees claimed racial discrimination, including racial slurs, Confederate flags, and white power tattoos at work. Black employees also reported being forced to work under harsher conditions than white employees, such as during rainstorms. The settlement involved $1.25 million and required the company to implement anti-discrimination policies, hire a compliance monitor, and provide training on race discrimination.
Employers in the construction industry should prepare for increased scrutiny from the EEOC, especially in light of the Infrastructure Investment and Jobs Act, a $1.2 trillion initiative signed into law in 2021. With significant federal funding flowing into the construction sector, the EEOC will monitor how companies receiving these funds comply with anti-discrimination laws.
To minimize legal risks, construction firms should conduct workforce audits, analyze demographic disparities, and develop strategies to recruit diverse candidates. Providing robust training on anti-discrimination and anti-harassment policies is critical, particularly for managers and HR staff, as well as the general workforce. Regular, live, and interactive trainings, along with ongoing reminders during meetings, can reinforce company policies.
Employers should also ensure their workplace policies are clear, updated, and accessible, covering prohibited conduct, reporting procedures, and confidentiality. A strong reporting system with multiple accessible channels for filing complaints is essential to encourage early reporting and prevent retaliation. Collaborative efforts across different employers at construction sites are recommended to ensure employees have multiple ways to report discrimination or harassment.
Finally, the EEOC’s June 2024 guide offers practical advice to construction employers on establishing policies, creating accessible complaint systems, and enhancing anti-harassment training.
Trust me, you don’t want to be the employer dealing with a potential lawsuit from the EEOC. 😉